(1) A child is a person in respect of whom the offence of murder or manslaughter may be committed if he or she has been born and has independent existence of his or her mother.
(2) Subject to section 166, a person may be guilty of murder or manslaughter, as the case maybe, if he or she causes death to a child that is a person in terms of subsection (1), by means of injury caused to it before it became such a person.